March 31, 2008

Securities Arbitration Cases for Retirees

Continuing our conversation of Securities Arbitration cases for defrauded retirees, the common plaintiff in these cases all share similar characteristics:

• The individual has taken early retirement in the past three to five years
• The person purchased a variable annuity with retirement funds which was then placed in an individual retirement account (IRA) or;
• The retirement fund consisted of a cost-basis employer stock plan which was then converted to a rollover IRA or;
• The individual was advised to invest retirement funds into leveraged funds.

Due to the fact that numerous securities companies engage in the sale of these products, there is no common defendant to file claims against. Individuals will be dealing with different securities firms depending on their location, employer, and other factors. A commonality does exist, however, in that the cases must be brought before the Financial Industry Regulatory Authority, or FINRA, for resolution. FINRA was created as the dispute resolution forum after the merger of NASD and NYSE in 2007.

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March 17, 2008

Securities Arbitration: New Hope for Defrauded Retirees

Two recent awards in retirement securities arbitrations are bringing hope to retirees who have disputes with brokerage firms that gambled away their retirement funds. The first, in the case of Cain v. Securities America, concerns a retiree whose hard-earned savings were liquidated in favor of more aggressive investments. After an extensive arbitration process, the petitioner was awarded nearly $4 million in compensatory damages, another $3 million in punitive damages designed to punish the securities companies, and nearly $2.5 million to offset legal fees and costs.

The second case, May v. Intersecurities, Inc., involved IRA rollover accounts that were placed into high-variable annuities that proved risky, unsuitable to the retiree’s objectives, and ultimately worthless, producing no investment income whatsoever and losing the funds that had been promised to sustain the petitioner throughout retirement. May was eventually awarded nearly $1.7 million in compensatory damages and half a million dollars in punitive damages.

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March 14, 2008

New Ammo in the Fight for Subprime Loan Securities Victims

A recent article in the Wall Street Journal points out a strategy that has given victims of the subprime loan crisis new hope: using the 1921 Martin Act as a legal tool to crack down on misleading mortgage-backed securities offerings. Why is the Act so powerful? Simple: it takes away the burden for a plaintiff to prove intent to defraud, making filing a lawsuit against an unethical securities company that much easier for plaintiffs.

This is great news for the people defrauded by securities companies that failed to warn them of mortgages that didn’t meet bare-minimum standards for lending, causing people to lose money on investments that weren’t backed by solid dollars. This crisis has been sending shock waves throughout the United States’ volatile economy and has devalued the hard-earned savings of who knows how many Americans. Now victims have a way to fight back. By using this act, New York prosecutors have a great tool in their regulatory arsenal, and individual attorneys may use this same tool in court.

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March 7, 2008

Should South Carolina Speed Limits Be Raised?

An interesting debate on South Carolina speed limits is heating up the pages of the Charleston Post and Courier. A recent editorial on speeding prompted community response from readers who debate speed limits, enforcement of limits, and lack of driver education. Certainly uneducated and careless drivers place everyone at risk and can be a major cause of South Carolina Auto Accidents. But will raising South Carolina speed limits really do away with any of these problems?

What does a South Carolina auto accident attorney care about speed limits? A lot. Speed can affect the outcome of an accident – in fact, the relationship between speed and reaction time has been well documented. A driver who is in violation of posted speed limits can provide much-needed ammunition to their opponents in court, who can argue that their ignorance of the speed limit constituted reckless driving and places them under an obligation to compensate victims of their actions.

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February 4, 2008

Uninsured Drivers Put South Carolina At Risk

The state Department of Motor Vehicles came out with some good news for South Carolina drivers this month. According to The State, the number of uninsured drivers involved in accidents in our state has dropped by half in the past few years, from 18% in 2003 to 9% in 2006, thanks to laws passed in 2002 and 2005. And because those are only the uninsured drivers who get into car wrecks, those numbers are probably even higher for the state as a whole. Industry and issue groups estimated that the uninsured rate could have been as high as 28% before the laws went into effect. As most of us know, this is a problem because uninsured motorists drive up insurance costs for those who do the right thing by buying insurance. They also don’t pay vehicle registration fees, depriving our state of needed tax revenue.

But there’s a more immediate threat posed by uninsured drivers, which many people don’t realize until they or someone they care about are hit. If you’re in an accident with someone who has no auto insurance, you may not be able to collect any compensation at all. It doesn’t matter whose fault it was, or what other circumstances might apply. The money just isn’t there, because the other driver illegally failed to buy insurance. As auto accident lawyers in South Carolina, we know how devastating this can be for seriously injured accident victims, who often have very expensive medical needs they cannot cover on their own.

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January 31, 2008

Third Lawsuit Filed in New Year’s Eve Accident

In a case that reads like a nightmare, a lawsuit asking for $10 million has been filed against a man who caused a car wreck in Anderson County on New Year’s Eve. According to the Anderson Independent-Mail News, it’s the third lawsuit against driver Robert Blair and his employer, Craft Construction, over the fatal three-car accident.

Blair, a construction company employee, was on his way to work on Dec. 31 at around 6:30 a.m. when he ran off the side of the road. Blair overcorrected and drove his company-owned Ford F-250 across the highway’s median, running it head-on into a car owned by a married couple named Andrew and Syblene McAbee. The McAbees died in the ensuing accident, as did Arlene Sorrells, Mrs. McAbee’s sister and a passenger in their vehicle. Blair survived, but witnesses reported that he was driving under the influence of alcohol, cold medicine and a prescription drug. He is currently awaiting trial on felony DUI causing a death. According to the newest lawsuit, filed by the husband and daughters of Arlene Sorrells, Blair’s co-workers were following in another vehicle.

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December 24, 2007

Yet More Bad News on Infant Car Seats

On the day before Thanksgiving, Graco Children’s Products quietly recalled more than 300,000 infant car seats because they may pose a choking hazard. The backing of the seats can peel away from the seams, exposing filling underneath that could choke a curious baby. The recall affects Graco SnugRide stand-alone (non-travel) seats sold between August 2006 and mid-November 2007. Parents who think they may already have bought such a seat can visit the Graco Web site for more information on the recall.

The news may have been especially disheartening for parents who remember the February 2007 car seat report by Consumer Reports magazine, which found serious problems with many major-brand infant car seats. The magazine was forced to retract part of its report after discovering problems with its calculations, but stood by its request for a recall of at least two seats. One of the seats that didn’t fail safety tests was the Graco SnugRide -- the focus of the current recall. With this seat now under suspicion, parents of small children could be forgiven for wondering whether they can trust any major brand of child car seat.

Unsafe products for babies are especially bad news because babies can’t make their own consumer decisions. Parents charged with keeping fragile infants safe should be able to trust manufacturers to sell safe products that are free of defects and protect their children from auto accident injuries. If manufacturers betray that trust, parents can and should hold them legally responsible for the results with a South Carolina unsafe products lawsuit. If you’re considering a lawsuit over the injuries or wrongful death of your child, call the Louthian Law Firm today for a free case evaluation.

November 4, 2007

Santee Cooper sued over rate increase, violating agreement

Santee Cooper, a South Carolina owned utility provider, is being sued for raising rates to pay for a building project but never returning the rates to their old prices after the project was completed, as they had agreed to. The suit alleges that the utility company owes around 150,000 customers hundreds of millions of dollars in paybacks for the 1994-1995 rate increase, an AP Report states.

“In a nutshell, Santee Cooper raised their rates to pay for a capital improvement project. It was only for a set amount of time. After that period, they were supposed to lower it, and they never reduced the rate like they were supposed to,” said Don E. Watson a Myrtle Beach motel and restaurant owner who is the lead plaintiff in the suit.

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October 25, 2007

Consumer Group Finds High Lead Levels In More Children’s Toys

The hits keep coming for the toy industry. Last week, a wave of new toy recalls by the RC2 Corp. and Target resulted in the recall of more then 900,000 toys. And now a consumer advocacy group said it has found hazardous levels of lead in many toys made out of vinyl plastic, an Associated Press report stated on Friday, September 28th.

Mike Schade, a campaigner for the Center for Health, Environment, and Justice said that a random testing of 50 plastic toys found high lead level content in 11 of them.

“It’s absolutely astonishing to us that lead continues to be found in children’s toys despite the fact that consumer and environmental groups have been warning the government about this issue for more than 10 years”, said Schade.

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July 21, 2007

Federal Trade Commission settles Board of Dentistry case

The Federal Trade Commission announced that it has entered into a consent order which settles charges it had brought against the South Carolina State Board of Dentistry in 2003 alleging unfair trade practices.

The FTC alleged in 2001 that the Board of Dentistry had unlawfully restrained competition by requiring a dentist to examine every child before a dental hygienist could provide preventive care (such as cleanings) in schools.

Changes were made in 2000 to South Carolina law which allowed dental hygienists to provide preventive type services without a dentist having to first examine the child. The Board of Dentistry followed with the requirement that a dentist first examine all children which the FTC alleges resulted in fewer children receiving preventive care in schools.

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June 19, 2007

Romanian teacher working in Columbia, South Carolina Fights Termination

State newspaper reporter, Joy Woodson, has reported that Mihaela Sinzianu Livingston, a Romanian exchange teacher, has alleged in a lawsuit that she lost her job because she fell in love, got married, and decided to stay in America.

Ms. Livingston is suing FACES, a Columbia-based academic and cultural teaching exchange program, even though she signed a contract that bans participants from trying to remain in the United States and requires them to return home to teach for at least two years.

Ms. Livingston’s attorney says the contract is “unenforceable” and “unconscionable.”

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June 17, 2007

South Carolina Legislature Agrees on Workers' Compensation Overhaul

Associated press writer Jim Davenport reported that the South Carolina legislature has agreed on a plan whereby employers who lie about what their workers do to save money on insurance premiums will face fines and prison time. The new legislation also calls for new standards on how injuries are reported and what is covered. The agreement also requires workers and their physicians to provide more specific information about their injuries.

House and Senate negotiators agreed to the overhaul about 30 minutes before the Legislature adjourned, but the legislators still need to come back for a special session on June 19 to approve the plan.

"I think this is a fair bill that takes a first step toward improving our business climate in South Carolina," said Cam Crawford, executive director of the South Carolina Civil Justice Coalition, a group that mostly looks out business owner interests.

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June 11, 2007

Wheeled shoes more harmful than previously thought

The Associated press has reported that accidents from roller shoes are far more common than previously thought, contributing to roughly 1,600 emergency-room visits last year, the U.S. Consumer Product Safety Commission said Wednesday.

The target market for the wheeled shoes is mostly children and they are the ones being injured.

Scott Wolfson, a spokesman for the Consumer Product Safety Commission, said last week that the agency knew of at least 64 roller-shoe-related injuries and one death between September 2005 through December 2006.

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June 8, 2007

“Flip This House” lawsuit to move forward

A lawsuit which was initiated as a result of a falling-out between the Charleston-based creator of “Flip This House” and the cable network that carried the reality television series will go forward.

U.S. District Court Judge C. Weston Houck ruled on Wednesday, June 6, 2007 that there is enough evidence to suggest that the two sides made a verbal agreement to equally share profits from the cable network show.

Judge Houck denied the request by A&E Networks to dismiss the suit brought by Richard C. Davis of James Island-based Trademark Properties.

For more information, please contact the Louthian Law Firm.

June 6, 2007

Called to stand against the Confederate flag

A poignant editorial by the Reverend Wiley B. Cooper was published in The State newspaper on Friday, May 25, 2007. Rev. Cooper is a native of South Carolina, eligible for membership in both the Sons of the American Revolution and the Sons of the Confederacy, and the grandson of a pastor in the Methodist Episcopal Church, South. He is the pastor of a racially and politically inclusive congregation.

Reverend Cooper gave the following reasons as to why the Confederate flag must be removed from the State House grounds:

• No flag representing a former power that is no longer sovereign in South Carolina flies on the State House grounds. Not the French or Spanish flag, not the British flag, not even the flag of the American revolutionary armies or those who stood for country in the War of 1812. Why this one alone?

• According to the Ordinance of Secession, the primary reason that the Civil War was fought was to defend and perpetuate an economic system and way of life based upon one human being owning another. That cause was wrong then, and it is wrong now.

• Since the end of the Civil War, the battle flag of the Army of Northern Virginia has been used by lawless elements intent on frightening and murdering our black (and sometimes Hispanic or Jewish) brothers and sisters into a new subjugation. From the Klan, to those who threw rocks and spit at civil rights protesters, to the flags that flew over the hastily constructed “segregation academies,” to the present-day Nazi party, it continues to be displayed as a symbol of hatred and race and class enmity. It denigrates the lives and dignity of brothers and sisters of every race. It must not stand as a present symbol of South Carolina or her people.

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June 5, 2007

First Class to Graduate from New Law School in Charleston, S.C.

The Charleston School of Law, South Carolina’s new law school, graduated its first class of 186 students on Saturday, May 19,2007.

Charleston School of Law Dean Richard Gershon said, “ These are our pioneers.” The law school opened in 2004 and is located in downtown Charleston. The school received its provisional accreditation from the American Bar Association in December of last year and now has around 600 students.

Former Democratic U.S. Sen. Fritz Hollings told the graduates that lawyers are among the greatest American leaders, invoking names like Patrick Henry, Thomas Jefferson, Abraham Lincoln and Franklin D. Roosevelt

“Today as you graduate, America’s heart is strong,” Hollings said. “We’ve got strong communities, the most productive industries, and the most competitive society. People are ready, willing and able to sacrifice. But we need, in their wake, the graduating class of 2007 lawyers to give her a steady hand. You can do it.”

For more information, please contact a South Carolina attorney at Louthian Law Firm.

June 2, 2007

Regulators Closely Monitoring Toxic Syrup

The New York Times reported last week that a diethylene glycol, an industrial solvent and prime ingredient in antifreeze, can also kill people. If the syrupy poison is ingested, first the kidneys fail, and then the central nervous system begins to fail. Paralysis can result which makes breathing difficult and then impossible without assistance. Ultimately, most victims die. Many of the victims are children who are poisoned at the hands of unsuspecting parents.

Over the years, diethylene glycol has been used by counterfeiters in many varieties of medicine; cough syrup, fever medication and injectable drugs. The counterfeiters use the cheap sweet –tasting solvent instead of the safe, more expensive syrup (usually glycerin).

Toxic syrup has been involved in at least eight mass poisonings around the world in the past two decades. Researchers estimate that thousands of people have died. Records and interviews show that in 3 of the last 4 cases the syrup was made in China, which is a major source of counterfeit drugs. Last year, government officials in Panama unwittingly mixed diethylene glycol into 260,000 bottles of cold medicine. As a result, families have reported 365 deaths from the poison, 100 of which have been confirmed so far. Panama’s death toll leads directly to Chinese companies that made and exported the poison as 99.5% pure glycerin. The counterfeit glycerin passed through three trading companies on three continents, yet not one of them tested the syrup to confirm what was on the label.

An examination of these two major poisoning cases last year (in Panama and earlier in China) shows how China’s safety regulations have fallen behind its growing role as a low cost supplier to the world.

The US Food and Drug Administration warned drug makers and suppliers in the United States “to be especially vigilant” and looking out for diethylene glycol in medicine. China has already been accused by US authorities of exporting wheat gluten with the industrial chemical, melamine that ended up in pet and animal food. The FDA recently banned imports of Chinese made wheat gluten after it was linked to pet deaths in the US.

If you or a loved one has suffered serious illness due to a defective drug, contact a South Carolina Defective Drug Lawyer at Louthian Law Firm, P.A., immediately, even if only for an inquiry as to whether or not you may have a case.

May 30, 2007

South Carolina Bar Association Honors Policeman

Columbia police officer, David M. Dechane, has been named the South Carolina Bar’s Law Related Education Citizen of the Year. This award was created by the S.C. Bar to recognize people outside traditional legal and education fields who support the development of students into responsible citizens.

Officer Dechane has been a member of the Columbia Police Department for three years. He said working with the public and youth through his patrol duty has given him an appreciation for educating children about the law through positive experiences.

“Far too often, the only law-related education that young people come into contact with is through police intervention and the juvenile justice system,” he said.

Dechane became a regular volunteer at mock trial competitions sponsored by the bar after learning about the Law Related Education program.

“David has been an advocate to other police officers, recommending different programs provided by LRE for use by school resource officers and crime prevention officers,” said Cynthia Cothran, director of the Bar’s law-related education division. “He has exhibited a commitment to helping students gain a greater understanding of their role as citizens.”

The South Carolina Bar’s LRE Division has been a part of the S.C. Bar since 1976.

To discuss this event further, please contact a South Carolina Lawyer at Louthian Law Firm.

May 25, 2007

South Carolina Federal District Judge Dismisses Suit in Hunley Case

The 40-foot hand-cranked Confederate submarine, “The H.L. Hunley “sank the Union blockade ship,” Housatonic” by ramming it with a spar with a black powder charge, sinking the vessel on Feb. 17, 1864. The Confederate submarine also sank and was finally located in 1995. It was raised five years later and brought to a conservation lab at the old Charleston Naval Base in Charleston, South Carolina.

Senior U.S. District Judge Sol Blatt, Jr. has dismissed a counterclaim to a lawsuit relating to the discovery of the Confederate submarine H.L. Hunley, which was the first submarine in history to sink an enemy warship. Underwater archaeologist E. Lee Spence claimed he suffered as much as $309 million in damages because the discovery was credited to author Clive Cussler.

A group headed by Cussler initially sued Spence six years ago. Cussler’s group claims that Spence's continuing claim he found the submarine injured the reputation of Cussler's National Underwater & Marine Agency.

The South Carolina Hunley Commission supports the Cussler group’s claim that they found the sub off the coast of Charleston 12 years ago. Spence counterclaimed in 2002 and asked the court to declare him the finder.

Judge Blatt dismissed the counterclaim this week saying the three-year statute of limitations on admiralty claims had expired. Lee Spence's attorney had argued the statute of limitations period started when the coordinates of the Hunley were published by the state in 2000. Judge Blatt ruled, however, that it started to run in 1995, the day Cussler and his team announced the discovery.

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May 24, 2007

South Carolina Supreme Court Gets Third Black Justice in State’s History

On Wednesday, May 23 2007, State newspaper reporter, Rick Brundrett, reported that S.C. Court of Appeals Judge Donald Beatty (55) from Spartanburg, South Carolina became only the 3rd African-American in South Carolina history to join the state’s highest court.

The former state representative defeated two colleagues on the Court of Appeals — Chief Judge Kaye Hearn of Conway and Bruce Williams of Columbia — to win the seat of retiring S.C. Supreme Court Justice E.C. Burnett.

Judge Beatty is the first African-American to be elected to the five-member court since Ernest Finney Jr. retired in 2000 after six years as the state’s first black chief justice and a total of 15 years on the court.

The court’s first black member was Jonathan Jasper Wright, who served from 1870-77 during Reconstruction.

Judge Beatty said he starting thinking about the Supreme Court about six to eight months ago after being asked to run. Beatty, who served in the military and also on Spartanburg City Council in the late 1980s, was one of 7 children and said growing up in a large family helped him to “negotiate and compromise.

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May 22, 2007

Race for Position on South Carolina Supreme Court Heats Up

State reporter, Aaron Gould Sheinen, reported on Monday, May 21, 2007 that the race for a seat on the state Supreme Court has become “bloody,” according to a state lawmaker.

South Carolina is one of the few states where lawmakers alone pick judges for family court, circuit court, Court of Appeals and the state Supreme Court and judicial elections are almost always contentious.

“The process is flawed from the start,” Rep. Mitt Pitts, R-Laurens, said last week. “I’m seeing relationships eroded to the point that I believe it’s going to affect what the body does legislatively for the next few years. The floor is getting bloody.”

This year’s Supreme Court race is especially heated for several reasons:

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May 22, 2007

Hate Speech at South Carolina Middle School

Kathleen Parker of the Washington Post reported on Wednesday May 16 that federal court has ruled that a white teacher in a predominantly black school was subjected to a racially hostile work environment.

The case involved teacher Elizabeth Kandrac, who was verbally abused by black students at Brentwood Middle School in North Charleston, South Carolina. Despite Ms. Kandrac’s frequent complaints, school officials did nothing to stop the harassment. School official said the racially charged profanity was simply part of the students’ culture and that if Kandrac couldn’t handle cursing she was in the wrong school.

Kandrac finally filed a complaint with the EEOC and ultimately filed a lawsuit against the Charleston County School District. The case was tried and the jury found that the school was a racially hostile environment to teach in and that the school district retaliated against Kandrac for complaining about it.

U.S. District Judge David C. Norton recently affirmed the verdict after the defendants asked for a new trial.

The judge found, however, that the jury’s finding of $307,500 in damages for lost income and emotional distress was not supported by the evidence and a new trial would have to be held to determine the appropriate measure of damages. Kandrac and the school district end up settling the case for $200,000.

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May 10, 2007

U.S. Supreme Court Rejects Case Involving Civil War Letters

This week the U.S. Supreme Court refused the request of South Carolina to argue ownership of over 400 letters from the Civil War, clearing the way for the surviving heir to send the letters to auction this summer. The letters had been in possession of the family of Thomas Willcox since 1865. At that time, Major General Evander McIver Law, great-great uncle of Mr. Willcox, amassed the letters during burning of Columbia which include correspondences from General Robert E. Lee as well as several Civil War figures of South Carolina.

Three years ago, Mr. Willcox had planned to sell the letters, worth an approximate $2.4 million when Attorney General Henry McMaster sued on behalf of the state to block the sale on the grounds that the letters are the property of the state. The letters were taken from Mr. Willcox and stored in a bank vault pending outcome of the trial. In October of 2006; a panel of judges of the 4th U.S. Circuit Court of Appeals in Richmond upheld the ruling of a lower court that stated Willcox owns the letters and could have them back.

Mr. Willcox decided to sell the letters three years ago when faced with foreclosure on his home and another property. Now more than ever the sale is a necessity, "Because the state tried to seize the documents, he had to file bankruptcy," Willcox's attorney, Kenneth Krawcheck said. "We're working under a bankruptcy court approved plan that calls for an auction once these sorts of issues have been resolved. It's time to go do that."

McMaster has held the belief that the letters are “priceless, historic items that need to be properly preserved and maintained.” The state has never made an offer to purchase the documents. The state has plans to appeal.

For more information on this subject matter, please contact a South Carolina attorney at Louthian Law Firm for a free consultation.

May 8, 2007

High School to Readmit Author of Disturbing Essay

The Associated Press reported on Sunday, May 6, 2007 that a high school senior who was arrested for writing a violent essay for an English class may return to school and will be allowed to graduate with his class.

Allen Lee, who wrote the essay on April 23, 2007 at Cary-Grove High School in Chicago, was arrested the next day on two misdemeanor charges of disorderly conduct. Lee, an honor student with a 4.2 grade point average, was readmitted following negotiations with school district officials. According to Mr. Lee’s attorney, Dane Loizzo, the meeting with the school board officials resulted in an agreement that Allen Lee was “not a threat and never was a threat and he should be treated as such”.

Loizzo contended that charges against Mr. Lee were the product of paranoia as a result of the massacre of 32 students at Virginia Tech.

Lee’s essay read in part: “ Blood, sex and booze. Drugs,drugs,drugs are fun. Stab, stab, stab, stab, stab, s…t…a…b… puke. So I had this dream last night where I went into a building, pulled out two P90s and started shooting everyone, then had sex with the dead bodies. Well, not really, but it would be funny if I did”.

Despite the graphic nature of Mr. Lee’s essay, his attorney said that the teacher had told students: “Be creative; there will be no judgment and no censorship.”

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May 7, 2007

Flag Controversy Continues

In an article published on Friday, April 27, 2007 in the Charleston Post and Courier the Reverend Joseph A. Darby, Senior Pastor of Morris Brown African Methodist Episcopal Church, shares his thoughts on the continuing confederate flag debate in South Carolina. The most recent rash of controversy has been stirred up as a result of University of South Carolina football coach, Steve Spurrier, taking a public position in opposition to the flag.

For those of you unfamiliar with the confederate flag debate in South Carolina, a few years ago the flag was removed from the top of the State Capital and placed in another, still prominent, place on the State House grounds.

Rev. Darby’s article is largely in response to statements made by Sen. Glenn McConnell who is a confederate flag supporter. In referring to the NAACP sanctions resolution, Rev. Darby starts out by saying that “the Senator and I disagree on what constitutes sovereign placement.” The NAACP resolution maintains that the only flags that should fly in front of any public building, whether a post office, a school or the state house should be the flags of an existing sovereign government. The resolution goes on to state that the bipartisan compromise which placed the flag on State House grounds has failed to resolve the issue.

Rev. Darby graciously stated that he had “no interest, whatsoever, in obliterating the role of the flag in southern history. The armies that marched, fought and died behind that flag are an interwoven element of the fabric of southern history. That history, however, is of a nation formed in part to assure the right of states to maintain an economic system based on people owning people. Slavery is also a part of American history and the flag of the United States of America flew for a time over northern slavery. The United States of America, however, is still an existing sovereign government. The Confederate States of America no longer exists as a sovereign government.”

While I personally believe that the Confederate flag has no business being anywhere on our State House grounds, Rev. Darby believes that there is “adequate room on the grounds of the State House for the placement of the flag in a position that clearly denotes history and not heritage and I do hope that it is found and agreed to sooner rather than later so that the matter can be resolved and that all South Carolinians, can celebrate our shared heritage and offer appropriate respect for our diverse heritage.”